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B.A. LL.B. (Five Years) Sem 4 Constitutional Law II 2022 Oct Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Constitutional Law II

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 4

2022 Oct Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.

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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by Karnataka State Law University at the 2022 Oct examination.

The Paper as Set

The questions in this volume are the questions asked at the 2022 Oct examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.

Duration 3 hours · Total marks 80 · 20 questions answered

Instructions printed on the paper

N.B. (1) Answer all five Units. (2) One essay type question and short notes/problems is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written either in English or Kannada completely.

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

Read the original question paper

Q1

Unit I

(a)Explain the constitution, composition and powers of the 'Panchayat'.[10]

Answer

For full marks, cover: what a Panchayat is (article 243(d)); CONSTITUTION: the duty to constitute Panchayats at three levels (article 243B), the Governor's notifications, the Gram Sabha (article 243A), the term (article 243E); COMPOSITION: direct election and territorial constituencies, ex officio representation, voting, chairpersons (article 243C), reservation (article 243D, K. Krishna Murthy), qualifications (article 243F, Javed, Rajbala); POWERS: self-government, planning and schemes, the Eleventh Schedule (article 243G), taxes and funds (article 243H), the Finance Commission (article 243-I); a conclusion.

What a Panchayat is

Article 243(d) defines a "Panchayat" as "an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas". A State may call it a Gram Panchayat, a Taluk Panchayat or a Zilla Parishad. Whatever the name, it is a Panchayat if it is a rural body of self-government set up under Part IX.

Constitution

1. Three levels: article 243B

Every State "shall" constitute Panchayats at the village, intermediate and district levels. A State whose population does not exceed twenty lakhs may omit the intermediate level. The Governor, by public notification, specifies what counts as a "village" and as the "intermediate level" (article 243(c) and (g)).

2. The Gram Sabha: article 243A

At the base is the Gram Sabha, made up of all persons on the electoral roll of the village. It exercises the powers and performs the functions given by State law. It is not a Panchayat itself, but a body to which the village Panchayat answers.

3. Term: article 243E

Every Panchayat lasts five years from its first meeting. A State cannot cut short a functioning Panchayat's term by amending its law. A new Panchayat must be elected before the term ends, or within six months of a dissolution.

Composition

4. How members are chosen: article 243C

Direct election. All seats are filled by persons directly elected from territorial constituencies in the Panchayat area.
Equal constituencies. So far as practicable, the ratio of population to seats is the same throughout the State and throughout the Panchayat area.
Ex officio members. State law may add the chairpersons of village Panchayats to the intermediate body, and the chairpersons of intermediate Panchayats to the district body. It may also add the local MPs and MLAs to Panchayats above the village level.
Voting. The chairperson and all members, elected or not, have the right to vote in meetings.
Chairpersons. The chairperson of a village Panchayat is elected as State law provides. The chairpersons of intermediate and district Panchayats are elected by and from the elected members.

5. Reservation: article 243D

Seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population. Not less than one-third of all seats are reserved for women, and the reserved seats rotate among constituencies. The offices of chairpersons are reserved as State law provides. A State may also reserve seats or offices for backward classes.

In K. Krishna Murthy v. Union of India, (2010) 7 SCC 202, a Constitution Bench upheld reservation of chairpersons' offices. A chairperson's post in a local body is not like a single post in government service, so it can be reserved. But a backward class quota needs a rigorous empirical inquiry, and total reservation should not exceed fifty per cent.

6. Qualifications: article 243F

A person disqualified for election to the State Legislature is disqualified for a Panchayat too, except that the minimum age is twenty-one. The State Legislature may add further disqualifications.

In Javed v. State of Haryana, (2003) 8 SCC 369, three judges upheld a Haryana law disqualifying a person with more than two living children from panchayat office, as a family planning measure. A bench reserved judgment in August 2026 on whether Javed needs reconsideration.

In Rajbala v. State of Haryana, decided on 10 December 2015, the Court upheld Haryana's minimum educational qualification and other conditions for panchayat candidates.

Powers

7. Self-government and planning: article 243G

State law may give Panchayats the powers needed "to function as institutions of self-government". It may devolve on them:

the preparation of plans for economic development and social justice; and
the implementation of schemes, including those on the twenty-nine subjects of the Eleventh Schedule.

The Eleventh Schedule includes agriculture, minor irrigation, drinking water, rural housing and roads. It also covers primary and secondary education, health and sanitation, poverty alleviation and the public distribution system.

8. Taxes and funds: article 243H

State law may authorise a Panchayat to levy and collect taxes, duties, tolls and fees. It may assign State taxes to it, give it grants from the State's Consolidated Fund, and create funds for its money.

9. Finance Commission: article 243-I

Every five years the Governor appoints a Finance Commission. It reviews panchayat finances and recommends how State taxes and grants should be shared with them.

Conclusion. A Panchayat is a rural body of self-government, constituted at three levels in every State under article 243B. It has a Gram Sabha at its base and a fixed five-year term. It is composed of directly elected members, with seats reserved for weaker sections and women, as Krishna Murthy upholds. Its members are subject to the disqualifications upheld in Javed and Rajbala. Its powers of planning, implementation and taxation are real, but depend on how much each State devolves under articles 243G and 243H.

B.A. LL.B. (Five Years) Sem 4 Constitutional Law II 2022 Oct Question Paper with Solutions

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